poby

bad guys hanging around

84 posts in this topic

7 minutes ago, A_Simple_Man said:

 I do not agree with the legality of it.

Who cares,, rather have to pay off a lawyer than be dead....so Im guessing you would rather for them to have your funeral?

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Posted (edited)

6 minutes ago, colemanlee said:

Im guessing you would rather for them to have your funeral?

And I'm not guessing, I'm damn sure you did not read my entire post, you know the part where I said "so long as the shooting is justified I believe that would just be a slap on the wrist.".  But feel free to troll the points that you like.

Edited by A_Simple_Man

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Posted (edited)

4 hours ago, A_Simple_Man said:

I agree with the statement.  I do not agree with the legality of it.  As I read the law, the person who owns and possesses the legally registered weapon is required to secure it so no other person can take it and shoot it, so your spouse would have a legal obligation to stop you from taking possession of her weapon.  But so long as the shooting is justified I believe that would just be a slap on the wrist.

Here is the section of the law that inspires my opinion in this situation:

http://www.gov.ph/2013/05/29/republic-act-no-10591/

Of course each instance would be adjudicated on its own merits, but in its simplest terms this means you cannot allow someone else to use your gun if that person does not qualify to possess one of his/her own.  If your wife allows it, she is guilty of a crime.  If it turns out to be a justified shooting then you would get a medal.  If you shot some kid coming over the wall to get his ball back you would be up shit creek without a paddle, IMHO.

I will check with my nephew, but I don't think your interpretation is correct. The part that you highlighted says "person or persons found guilty of violating the provisions of the preceding section" and the previous section (Sec. 29) is "Use of a loose firearm in the commission of a crime"

So no it does not say that the owner must secure it so that no other person can use it, only that your wife would be in trouble if you committed a crime with it and were convicted of committing that crime.

Edited by RogerDuMond
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29 minutes ago, RogerDuMond said:

I will check with my nephew, but I don't think your interpretation is correct. The part that you highlighted says "person or persons found guilty of violating the provisions of the preceding section" and the previous section (Sec. 29) is "Use of a loose firearm in the commission of a crime"

So no it does not say that the owner must secure it so that no other person can use it, only that your wife would be in trouble if you committed a crime with it and were convicted of committing that crime.

As someone who had all sorts of firearms in his possession in the PH, I have had this discussion with command rank police officers , my own attorneys, prosecutors and even a judge (all known to me personally).

Was told that no one would pursue any action. Castle doctrine is very strong in the PH. One's biggest concern is the propensity for families to seek out revenge  for deaths of family members - regardless if they were killed during a drug raged home invasion. 

 

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